What are the requirements to obtain a trademark?
What Are Trademark Requirements?
- Provide your name and address as owner of the trademark.
- State the entity type (individual or corporation) and your national citizenship.
- Demonstrate actual use or a real intent to use the trademark in commerce.
- Give a detailed description of the product being trademarked.
Can anyone get a trademark?
The applicant is not required to have U.S. citizenship but everyone must state his, her, or its citizenship on a trademark application. … A trademark for services will be considered in “actual use” when it is used or displayed in the sale or advertising of services and the services are actually rendered.
Can an individual file for a trademark?
How can an individual/business apply for a trademark? Any individual/proprietor/business can apply for a trademark. In order to apply for a trademark any business/proprietor may in writing in prescribed manner for registration make an application to the Indian Patent Office.
Who can apply for a trademark?
An Individual (Person)
An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.
Do I have to trademark my logo?
You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Do you pay taxes on a trademark?
Your Registered Trademark and Its Tax Implications
You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.
Should I get a trademark or LLC first?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
When can I use TM on my logo?
™ – TM Symbol ©
The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.
Can an LLC own a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.